39. 100. Art. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. If testimony is needed, the court shall specify the witnesses to be heard and the subject-matter of their testimonies, directing the parties to present said witnesses. Section 2. Husband and wife must jointly adopt, except in the following cases: (1) When one spouse seeks to adopt his own illegitimate child; or, (2) When one spouse seeks to adopt the legitimate child of the other. Art. (317). The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent. 202. (9a) Article 16. (6) That at the time of the petition, the spouses have been separated in fact for at least one year and reconciliation is highly improbable. In case of insufficiency or absence of said income or fruits, such obligations shall be satisfied from the separate properties. In case husband and wife jointly adopt or one spouse adopts the legitimate child of the other, joint parental authority shall be exercised by the spouses in accordance with this Code. The signature and official title of the person issuing the certificate shall be sufficient proof of its authenticity. (59a), Art. 172. 71. 97. The local civil registrar concerned shall enter all applications for marriage licenses filed with him in a registry book strictly in the order in which the same are received. The Philippines, with 80% of its population being devoutly Roman Catholic, is only one of two countries in the world that prohibits divorce, with the other being the smallest country in the world—Vatican City. 3. In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers and sisters, whether legitimately or illegitimately related, only the separate property of the person obliged to give support shall be answerable provided that in case the obligor has no separate property, the absolute community or the conjugal partnership, if financially capable, shall advance the support, which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership. 209. Administration of the Conjugal Partnership Property. 184. No voluntary separation of property may thereafter be granted. (10) Full name, residence and citizenship of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty-one years. Jurisdiction over the petition shall, upon proof of notice to the other spouse, be exercised by the proper court authorized to hear family cases, if one exists, or in the regional trial court or its equivalent sitting in the place where either of the spouses resides. (2164a), Art. Art. It shall, however, be issued free of charge to indigent parties, that is those who have no visible means of income or whose income is insufficient for their subsistence a fact established by their affidavit, or by their oath before the local civil registrar. Download Family Code of the Philippines Comments. The marriage license shall be issued after the completion of the period of publication. 181. (n). No. lawphi1.net, If either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy of either because of the destruction or loss of the original or if it is shown by an affidavit of such party or of any other person that such birth or baptismal certificate has not yet been received though the same has been required of the person having custody thereof at least fifteen days prior to the date of the application, such party may furnish in lieu thereof his current residence certificate or an instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to administer oaths. )77*84)9.-(! (188a), Chapter 5. Art. The authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender. 149. (67a), Art. 7)? The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses and the delivery of the children's presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons. (187a), Art. 1. 59. The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support. The court in an action filed for the purpose in a related case may also suspend parental authority if the parent or the person exercising the same: (1) Treats the child with excessive harshness or cruelty; (2) Gives the child corrupting orders, counsel or example; (4) Subjects the child or allows him to be subjected to acts of lasciviousness. The following are conjugal partnership properties: (1) Those acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for only one of the spouses; (2) Those obtained from the labor, industry, work or profession of either or both of the spouses; (3) The fruits, natural, industrial, or civil, due or received during the marriage from the common property, as well as the net fruits from the exclusive property of each spouse; (4) The share of either spouse in the hidden treasure which the law awards to the finder or owner of the property where the treasure is found; (5) Those acquired through occupation such as fishing or hunting; (6) Livestock existing upon the dissolution of the partnership in excess of the number of each kind brought to the marriage by either spouse; and, (7) Those which are acquired by chance, such as winnings from gambling or betting. The notice shall be posted for ten consecutive days on a bulletin board outside the office of the local civil registrar located in a conspicous place within the building and accessible to the general public. (61a), Art. The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. (261a). If upon the lapse of the six months period, no liquidation is made, any disposition or encumbrance involving the community property of the terminated marriage shall be void. All property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both spouses, is presumed to be conjugal unless the contrary is proved. Either spouse may dispose by will of his or her interest in the community property. 23. Art. When a creditor whose claims is not among those mentioned in Article 155 obtains a judgment in his favor, and he has reasonable grounds to believe that the family home is actually worth more than the maximum amount fixed in Article 157, he may apply to the court which rendered the judgment for an order directing the sale of the property under execution. What Constitutes Community Property, Art. 122. Art. Unless otherwise provided, majority commences at the age of twenty-one years. The instrument shall be recorded in the civil registry together with the birth certificate of the child. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article: (1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; (2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; (3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or. (215a), Chapter 7. 143. 119. Dissolution of Conjugal Partnership Regime. Art. (238a). Effect of Parental Authority However, either spouse may, without the consent of the other, make moderate donations from the community property for charity or on occasions of family rejoicing or family distress. (53a). In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. 120. Art. (163a), Art. The court shall so order if it finds that the actual value of the family home exceeds the maximum amount allowed by law as of the time of its constitution. If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. 219. However, losses therefrom shall be borne exclusively by the loser-spouse. Any stipulation, express or implied, for the commencement of the community regime at any other time shall be void. (n). The petition for separation of property and the final judgment granting the same shall be recorded in the proper local civil registries and registries of property. Neither shall the fines and pecuniary indemnities imposed upon them be charged to the partnership. The family home must be part of the properties of the absolute community or the conjugal partnership, or of the exclusive properties of either spouse with the latter's consent. 105. Upon the filing of the petition, the court shall notify the parents or, in their absence or incapacity, the individuals, entities or institutions exercising parental authority over the child. General Provisions, Art. 216. Donations by Reason of Marriage, Art. (3) The names of all their known creditors, their addresses and the amounts owing to each. CHAPTER 1 General Provisions. (n), Art. The separation in fact between husband and wife shall not affect the regime of absolute community except that: (1) The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to be supported; (2) When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in a summary proceeding; (3) In the absence of sufficient community property, the separate property of both spouses shall be solidarily liable for the support of the family. 209. 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